State adult-ed guidelines lacking

"We have received no guidelines on how to proceed from the state, so we're pretty much living in limbo," said Greg Hart, dean of Pima Community College's adult-education program, which enrolls about 10,000 students a year.

Voters overwhelmingly passed Proposition 300 in November, along with three other initiatives that took aim at illegal immigration. The new law also denies in-state college tuition and state child-care subsidies to those living in the country illegally.

Former state Sen. Dean Martin, the Phoenix Republican behind Proposition 300, said anyone who is not asking for any documents that prove legal status is in violation of the law.

"This is the only proposition I know of that is not being implemented," said Martin, now state treasurer.

Like others, Pima's dean of adult education said he looked to Arizona Attorney General Terry Goddard to offer implementation guidelines after voters approved Proposition 300, which does not spell out what type of documents should be required to establish citizenship or legal residency.

The Attorney General's Office issues such guidelines only when a state agency or a member of the Legislature makes a formal request for a legal opinion, said Andrea Esquer, a spokeswoman for the attorney general. "We have not received any," she noted.

But at least one state agency, the Arizona Department of Education — which funds adult-education programs — sought legal advice on Proposition 300 from Goddard's office in a Dec. 6 letter addressed to Assistant Attorney General Susan Segal, section chief for education and health.

Karen Liersch, the department's deputy associate superintendent for adult-education services, asked about the portion of the new law that Proposition 300 ushered in.

It states that the department must provide classes only to adults who are citizens or legal residents, as well as report to the Legislature twice a year the number of people who are denied instruction because of unlawful status.

Among other questions, Liersch inquired about the date the law would go into effect, the type of documents needed to determine legal residency and whether the measure conflicts with federal law. Local adult-education programs receive a combination of state and federal money.

"We have not yet heard back from the Attorney General's Office," said Amy Rezzonico, department spokeswoman.

Goddard spokeswoman Esquer said seeking "advice from counsel" is not considered a formal request, which she noted must be addressed to Goddard. She wouldn't elaborate on the Department of Education memo, saying such information is confidential. She said the memo was received in her office Dec. 27.

"These are complicated legal issues; we are working on researching these questions and we'll get back to our clients as soon as possible," she said.

Two days before Gov. Janet Napolitano proclaimed the propositions into law Dec. 7, her office issued a memo calling attention to the new laws in a memorandum to the directors of state agencies, boards and commissions.

The memo urged prompt compliance with the laws and encouraged directors to consult with their agency counsel. Each state agency is appointed an attorney at the Attorney General's Office.

Meanwhile, Proposition 300 soon will prompt changes at Pima Community College, said spokesman David Irwin. The college will require all students to report their citizenship and residency status when they apply for admission, register for classes or apply for some forms of financial aid, "under penalty of law for perjury," Irwin added.

The Arizona Board of Regents, which oversees the state's universities, will introduce policy changes at its Jan. 25-26 meeting in Tempe, said board spokeswoman Anne Barton. "The universities are working on an implementation plan," she said.

The law will have minimal impact at the Arizona Department of Economic Security, which provides child-care subsidies to eligible families, said spokeswoman Liz Barker Alvarez. "Federal law has required since 1997 that parents or guardians provide verification of citizenship or legal status," she said. Now, state law dictates that the agency also provide statistics to the Legislature.

Ramón García of the Campaign for Community Change said it may be too early to see the impact of the new laws — in the education field and elsewhere.

His group campaigned against Proposition 300; Proposition 103, which makes English the official language; Proposition 102, which prevents illegal immigrants from receiving punitive damages in civil lawsuits; and Proposition 103, which automatically keeps illegal immigrants charged with serious felonies in jail without bail.

"Right now we're in a honeymoon stage after the election," he said.

But García said he has no doubt efforts will be made to implement the new state laws, which he said will negatively affect the immigrant community.

Not only will Proposition 300 exclude adults who are trying to learn English, he said, but the increased cost of higher education will keep away many graduating high school students. Resident tuition for undergraduates at the UA is $4,594, while out-of-state students pay $14,800.

García speculated that approval of the English-only measure was mostly symbolic since government already conducts business in the language. Most of the propositions probably will be challenged in court, he said.

"We have received no guidelines on how to proceed from the state, so we're pretty much living in limbo."

Greg Hart

PCC adult-education dean